Newark, New Jersey (UPI)
A New Jersey judge, calling it "a matter of common sense," has ruled
that a lesbian should be allowed to adopt her partner's daughter, it was
learned Tuesday.
Superior Court Judge Philip Freedman's ruling is believed to be the
first of its kind in the state and was hailed as having national
significance by supporters of gay and lesbian rights.
In a 16-page opinion, Freedman said the child's court-appointed guardian
and an investigative agency agreed that the adoption would be in the
child's best interests.
"The court's recognition of this family unit through adoption can serve
as a step in the path toward the respect which strong, loving families
of all varieties deserve," Freedman said.
The two women, identified only by their initials, J.M.G. and E.O., have
had a relationship for about 10 years. E.O. became pregnant through
artificial insemination, after the two women decided they wanted a
child, and a daughter was born in 1989.
Freedman said the two women have a stable relationship, a good combined
income and supportive families.
The judge also found that J.M.G., who works part time for a cable
television network, functions as the child's "stepparent," being more
involved with the child than E.O., who works full time.
"The court feels constrained by the state of the law from proclaiming
J.M.G. an actual 'stepparent,' given that same-sex marriages are not
legal in this state," Freedman wrote.
"However, I am convinced that in this adoption, J.M.G. should be
treated as a stepparent as a matter of common sense."
Paula Ettelbrick of the National Center for Lesbian Rights, who served
as co-counsel on the case, said Freedman's decision is "incredibly
important nationally."
"It is one of the few written decisions on this topic where the judge in
great detail has walked through the facts and legal rulings in a case,"
she said.